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Pasithea Infrastructure Limited vs Soler Energy Corporation Of India Ltd. ... on 10 January, 2018
cites
Article 226 in Constitution of India [Constitution]
Indian Bank vs M/S Satyam Fibres (India} Pvt.Ltd on 9 August, 1996
2 SCR 585) and Indian Bank
v. Satyam Febres (India) Pvt. Ltd. (1996 (5) SCC 550).
S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993
34. A "fraud" is an act of deliberate deception with the design of
securing something by taking unfair advantage of another. It is a
deception in order to gain by another's loss. It is a cheating
intended to get an advantage. (See S.P. Changalvaraya Naidu v.
Jagannath (1994 (1) SCC 1)."
Sintex Oil And Gas Limited vs Union Of India & Ors. on 22 December, 2017
In a recent decision rendered by this Court in the case of SINTEX OIL
AND GAS LIMITED v. UNION OF INDIA & ORS decided on
01.01.2018, this Court has considered various decisions of the
Supreme Court of India and held that in the absence of fraud of an
FAO(OS)(COMM).229/2017 Page 8 of 14
egregious nature having been pleaded, stay of bank guarantee cannot
be granted. This Court has held as under:
U.P. State Sugar Corporation vs M/S. Sumac International Ltd on 4 December, 1996
11. The learned Single Judge has referred to three judgments
of the Supreme Court to revisit the law as laid down by
the Apex Court with regard to grant of injunctions against
invocation of bank guarantees. The law is well-settled
that the Court would not grant any injunction against
invocation of an unconditional bank guarantee, except
where fraud of egregious nature is alleged.
Dwarikesh Sugar Industries Ltd vs Prem Heavy Engineeing Work on 7 May, 1997
The learned
Single Judge has referred to the judgments in the case of
Dwarikesh Sugar Industries Ltd. v. Prem Heavy
Engineering Works(P) Ltd., reported in (1997) 6 SCC
450; Vinitec Electronics Private Ltd. v. HCL
Infosystems Ltd., reported in (2008) 1 SCC 544; and
Gujarat Maritime Board v. Larsen and Toubro
Infrastructure Development Projects Limited and Anr.,
reported in (2016) 10 SCC 46.
Vinitec Electronics Private Limited vs Hcl Infosystems Limited on 2 November, 2007
The learned
Single Judge has referred to the judgments in the case of
Dwarikesh Sugar Industries Ltd. v. Prem Heavy
Engineering Works(P) Ltd., reported in (1997) 6 SCC
450; Vinitec Electronics Private Ltd. v. HCL
Infosystems Ltd., reported in (2008) 1 SCC 544; and
Gujarat Maritime Board v. Larsen and Toubro
Infrastructure Development Projects Limited and Anr.,
reported in (2016) 10 SCC 46.
Gujarat Maritime Board vs L&T; Infrastructure Development ... on 28 September, 2016
In the case of
Gujarat Maritime Board(supra), it was held as under:
Himadri Chemicals Industries Ltd vs Coal Tar Refining Company on 7 August, 2007
In Himadri Chemicals
Industries Ltd. v. Coal Tar Refining Co. [Himadri
Chemicals Industries Ltd. v. Coal Tar Refining Co.,
(2007) 8 SCC 110] , at para 14: (SCC pp. 117-18)
"14. From the discussions made hereinabove relating to
the principles for grant or refusal to grant of injunction
to restrain enforcement of a bank guarantee or a letter
of credit, we find that the following principles should
be noted in the matter of injunction to restrain the
encashment of a bank guarantee or a letter of credit: